The call-off stock regime simplifies intra-Community transactions by allowing the supplier to transfer goods to another Member State without immediately carrying out a supply. Discover the requirements, timeframes, and tax implications for managing these transactions correctly.

The call-off stock regime, governed by Legislative Decree No. 192 dated 5th November 2021 (which implements Article 17-bis of Directive 2006/112/EC), applies when a taxable subject transfers goods to a warehouse located in another EU Member State. In this case, the intended buyer is already identified (both in terms of identity and VAT identification number) at the time of transport and can remove the goods from the warehouse at a later time, acquiring ownership of them.

The regime provides that:

1. a) no intra-Community supply or intra-Community acquisition occurs at the time of dispatch or transport of the goods to the warehouse located in another Member State;
2. b) the exempt intra-Community supply (in the Member State of departure) and the taxed intra-Community acquisition (in the Member State of arrival) occur only when the buyer removes the goods and acquires ownership of them.

Conditions for applying the call-off stock regime

To correctly apply the call-off stock regime, the following conditions must be met:

• The supplier and the intended buyer must be VAT taxable subjects.
• The supplier has not established its business establishment or a permanent establishment in the Member State of destination.
• The supplier must record the dispatch or transport of the goods in a special register.
• The goods must be transported from one Member State to another for subsequent supply to the intended buyer.
• The supplier must indicate the buyer’s VAT identification number in the INTRASTAT summary statement for the period in which the shipment occurs.
• The intended buyer must be identified for VAT purposes in the Member State of arrival.
• The buyer’s identity and VAT identification number must be known to the supplier at the time of shipment or transport.

Completion of the intra-Community supply

The intra-Community supply is also considered to have been completed in the following residual cases:

1. The day after the expiry of 12 months from the arrival of the goods if they have not yet been supplied.
2. When, within 12 months of arrival, one of the conditions set out in Article 41-bis, paragraph 1, ceases to be met.
3. Before the supply, if within 12 months the goods are sold to a person other than the original buyer.
4. Before shipment to another Member State, if the goods are further transported within 12 months.

Loss of Tax Neutrality

The tax neutrality regime lapses in the following cases:

1. Destruction, loss, or theft of the goods.
2. Replacement of the original purchaser, even if the call-off stock conditions and registration requirements are met.
3. Sale of the goods to another Member State.